Effect given to the recommendations of the committee and the Governing Body - Report No 401, March 2023

Effect given to the recommendations of the committee and the Governing Body

1. 49. The Committee last examined this case, which refers to anti-union dismissals in an airport sector company, at its October 2018 session (see 387th Report, paras 346–366). On that occasion, the Committee requested the Government to keep it informed of the judicial proceedings in which there would be an examination of the causes that gave rise to the dismissals of the members of the board of directors (Management Committee) of the workers’ union of the enterprise (SITRAVIAM) and their alleged anti-union nature, and to send its observations with regard to the accusations against the membership of the Management Committee of a violation of State security, which had led to the decision of the National Department of Investigations (DNI) to withdraw the access card to the ramp and restricted areas of the airport.
2. 50. In a communication of 2 February 2019, the Government indicates that: (i) on 30 July 2018 it received a communication from the complainant, the National Confederation of Dominican Workers (CNTD), with information on a dialogue process between SITRAVIAM and the airport sector company in the framework of the Tripartite Round Table on Matters relating to International Labour Standards; and (ii) on 14 December 2018, it received a communication from the Employers’ Confederation of the Dominican Republic (COPARDOM) reporting that, as a result of the conciliation process with the intervention of the Mediation and Arbitration Directorate of the Ministry of Labour, SITRAVIAM and the airport sector company had settled their differences and reached an agreement. The Government attached a copy of the memorandum of settlement, of 22 November 2018, in which, in addition to agreeing on various trade union demands relating to improvements in working conditions, it indicates that the parties briefly discussed the complaint that the trade union had presented to this Committee. The memorandum of settlement indicates that the trade union recognized that the facts that had led to the submission of this complaint had been resolved through frank and open dialogue, based on which the trade union supported its withdrawal.
3. 51. With respect to the withdrawal of the access card to the ramp and restricted areas of the airport, the Government indicates that the security checkpoints in the restricted areas of airports are in line with international security standards, as a protection and control measure both for aircraft crew and passengers, and hence the restriction applies to all workers working in the airport and therefore cannot be considered an anti-union measure.
4. 52. The Committee takes due note of the information provided by the Government. While it regrets that the Government had not provided information with respect to the judicial proceedings in which there would be an examination of the causes that gave rise to the dismissals of the members of Management Committee of SITRAVIAM and their alleged anti-union nature, the Committee, notes that, according to the tenth point of the above memorandum of settlement, SITRAVIAM stated that the facts that had provided the basis for the submission of the complaint had been successfully resolved. In the light of the above, the Committee considers that this case closed and will not pursue its examination.